Lee v. Toyota Motor Sales USA Inc et al
Filing
60
STIPULATION AND ORDER re 58 to Amend Complaint and Cross-Claim filed by Digitaldog Auto Recovery. Signed by Judge Edward M. Chen on 7/19/17. (bpfS, COURT STAFF) (Filed on 7/19/2017)
1 DAVID J. GARTHE, ESQ. (52398)
BOORNAZIAN, JENSEN & GARTHE
2 A Professional Corporation
555 12th Street, Suite 1800
3 Oakland, CA 94607
Telephone: (510) 834-4350
4 Facsimile: (510) 839-1897
dgarthe@bjg.com
5
Attorneys for Defendant/Cross-Claimant
6 Bay Cities Auto Recovery Inc.
dba Digital Dog Auto Recovery; and
7 Defendant Millennium Capital and Recovery Corp.
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10 ALIK LEE,
11
Plaintiff,
12 vs.
13 TOYOTA MOTOR SALES USA, INC., et al.,
14
Defendants.
15
AND RELATED CROSS-CLAIM.
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Case No. 3:16-cv-03195-EMC
STIPULATION AND ORDER TO
AMEND [COMPLAINT AND] CROSSCLAIM
First Amended Complaint Filed: 9/9/16
Plaintiff Alik Lee (“Plaintiff”), Defendant/Cross-Claimant Bay Cities Auto Recovery Inc.
18 dba Digital Dog Auto Recovery (“Digital Dog”) and Defendant Millennium Capital and Recovery
19 Corp. (collectively, the “Parties”) respectfully submit this Stipulation to add a defendant and cross20 defendant, to wit: Toyota Motor Credit Corporation.
21
On or about March 23, 2017, Digital Dog filed its Answer to First Amended Complaint and
22 Cross-Claim in this matter. At the time, Digital Dog was unaware of the true name and form of
23 the party against which it cross-claimed. After investigation, and upon information and belief, the
24 entity which authorized the alleged injury of which Plaintiff claims is Toyota Motor Credit
25 Corporation. Digital Dog therefore seeks leave to amend its cross-claim to add such entity to all
26 causes of action contained therein.
27
IT IS HEREBY STIPULATED AND AGREED by the Parties in pro se or through their
28 counsel of record as follows:
-1STIPULATION TO AMEND [COMPLAINT AND] CROSS-CLAIM TO ADD PARTY – Case No. C16-03195-EMC
1
1.
That the First Amended Complaint of Plaintiff be amended to add Toyota Motor
2 Credit Corporation as a defendant;
3
2.
That the Cross-Claim of Digital Dog be amended to add Toyota Motor Credit
4 Corporation as a cross-defendant, with the Court to issue the accompanying Summons.
5 DATED: July 18, 2017
6
___/s/ Alik Lee _________
Plaintiff ALIK LEE in pro se
7
8
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DATED: July 18, 2017
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BOORNAZIAN, JENSEN & GARTHE
A Professional Corporation
11
12
By: ___/s/ David J. Garthe____________
DAVID J. GARTHE, ESQ.
Attorneys for Defendant/CrossClaimant Bay Cities Auto Recovery
Inc. dba Digital Dog Auto Recovery
and Defendant Millennium Capital
and Recovery Corp.
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IT IS SO ORDERED.
S
21
HON. EDWARD M. CHEN
MAGISTRATE JUDGEeOF THE
n
M Ch
U.S. DISTRICT.COURT
Edward
Judge
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NO
22 27917\758697
R NIA
DERED
SO OR
IT IS
____________________________________
FO
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7/19/17
UNIT
ED
19 DATED:
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S DISTRICT
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A
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-2STIPULATION TO AMEND [COMPLAINT AND] CROSS-CLAIM TO ADD PARTY – Case No. C16-03195-EMC
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